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Employment Law

ELCRA lets employees go back only 3 years to show hostile work environment

12/01/2007

Sometimes, employees who finally come forward and allege they worked in hostile work environments will reach back years—even decades—to catalog the harassment they claim they experienced. The sheer weight of the list may unfairly sway juries. But fortunately for Michigan employers, there is no continuing-violation claim available under the Elliott-Larsen Civil Rights Act …

It’s not a crime to require applicants to sign arbitration agreements

12/01/2007

Employees have sometimes tried to apply a pair of Michigan criminal laws against employers that include arbitration agreements in employment applications. Now a federal court has declared that those criminal statutes don’t apply. You don’t need to fear that making an employee sign the application will subject you to criminal penalties or imprisonment …

With health trust fund, UAW-Chrysler contract echoes GM

12/01/2007

The contract reached in October by the United Auto Workers (UAW) and Chrysler closely resembled the UAW’s earlier agreement with General Motors, cutting wages for new workers and moving health care into a union-run health plan in exchange for job guarantees and bonuses …

Club manager, golf pro resign in wake of harassment suit

12/01/2007

The general manager resigned and the head golf pro was fired at Egypt Valley Country Club in Ada after a former assistant golf pro filed a $100,000 lawsuit over sexual bullying …

Sales tax tax taxes retailers

12/01/2007

No, that’s not a typo. As a result of Michigan’s new business tax, retailers are paying taxes on the 6% sales tax they collect from customers. Under the Michigan Business Tax (MBT) enacted in June, sales taxes must be counted along with sales under gross receipts, which are then subject to a gross receipts tax …

RCI Inc. guilty of hiring illegal immigrants

12/01/2007

Richard Rosenbaum, former president of RCI Inc., pleaded guilty in U.S. District Court, Western District of Michigan, to multiple counts of harboring illegal immigrants, tax evasion and fraud. Rosenbaum owes $16 million in restitution to the federal government and must forfeit more than $1.1 million in personal assets …

Michigan disabilities act and the ADA: important differences

12/01/2007

Michigan employers must comply with Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA) and the federal ADA. Although the laws are similar, there are differences employers need to understand …

Getting started on FMLA leave processes

12/01/2007

Q. I have an employee who is scheduled for surgery and will be going on FMLA leave. What forms will I need? There is a possibility that he will not return after the 12 weeks. How long will we be required to hold his position for him? …

Salaried employees running out of leave

12/01/2007

Q. If a salaried employee has used up all vacation and sick time, yet wants to take more vacation or calls in sick, can we make deductions from his pay? If not, what can we do? We don’t want the employees getting out of hand …

Don’t retaliate against harassment victim who calls police

12/01/2007

Here’s a risk you may not have considered: Ignoring a sexual harassment complaint may prompt the alleged victim to get help from outside law enforcement agencies. React inappropriately and you’re likely to have a retaliation suit on your hands …